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(영문) 수원지방법원여주지원 2016.10.27 2016가단1054
주위토지 통행권확인
Text

1. The Defendant each point of the attached Form 1, 9, 10, 8, and 1, among the 7m2 of Gyeonggi-gun Co., Ltd. 7m2, shall be attached in sequence to the Plaintiff.

Reasons

1. The Plaintiff owned G with a total of 177 square meters in F, 190 square meters, 293 square meters in lots, and the building C, 7 square meters in lots, and 17 square meters in lots in lots, which were owned by G. B. On February 14, 2014, Dongbu Credit Cooperative received a voluntary decision to commence the auction of selling the entire real estate as Lanwon District Court with regard to 7 square meters in lots, and 17 square meters in lots in D, and on November 26, 2014, the Agricultural Cooperative Asset Management Company received a voluntary decision to commence the auction of selling the entire real estate as Lanwon District Court’s contribution I on November 26, 2014.

On January 29, 2015, the Defendant purchased the land of this case in KRW 10,750,000 and completed the registration for transfer of ownership by purchasing C 7m2 and D 17m2 (hereinafter “instant land”).

Accordingly, the Agricultural Cooperative Asset Management Company withdrawn a request for auction of the defendant's land from the same court of first real estate auction.

On July 15, 2015, the Plaintiff purchased FF large 177 square meters, 190 large 293 square meters, and F and K ground buildings (hereinafter “Plaintiff’s land and buildings”) for KRW 600 million and completed the registration for transfer of ownership.

The instant land was a concrete package, which is a part of the passage route abutting on the Plaintiff’s land and building, and among them, the part (i) of the attached Form Nos. 1, 9, 10, 8, and 1 are connected in sequence to each point of (ii) and the part (ii) of the attached Form Nos. 2, 11, 12, 7, and 2 are connected in sequence with each point of (iii) land of the attached Form Nos. 2, 11, 12, 7, and 2, and the part (b) of the instant land (hereinafter “instant portion”) was de facto L, and was used concurrently as the main entrance of

When the Defendant was refused to purchase the instant land at KRW 100 million to the Plaintiff, the Defendant obstructed the Plaintiff’s passage of the instant land by walking the concrete package of the instant land and planting crops therein.

[Ground of recognition] A dispute between the parties.

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